HomeMy WebLinkAbout1971-02-02; City Council; 340; WATER SYSTEMS PROPERTY LOCATED IN OCEANSIDE NORTH OF VISTA WAY_1 .w
CITY OF 'C A? L S B A D, C A L I F 0 3,
Ir)w
THE
Agenda 3ill No. kg+dJ Date: February 2,
Referred To:
Subject : Submitted 31
Water Systems Propert57 Located in Oceanside, Hunter T. Coc
f,
North of Vista Way City Enginee. -~ -
Statement of the :Jatter
1. The City presently retains an easement for a water line acros
property owned by Mr. Harry Singh in the City of Oceanside. I
line serves as the City's connection with wells in the San LU
Rey Valley. It is used primarily on an emergency basis at th
present time:
Mr. Singh has requested that the City approve the relocation t
a portion of the line to facilitate his development of the la
containing the easement. The relocation would be at no cost
the City and would be subject to City inspection and approval
The locations of the existing and proposed lines are shown on
attached Exhibit A. This relocation would be acceptable subji
to the Agreement attached as Exhibit B. Upon completion of ti
relocation, the City would vacate the unused portion of the w
easement. (continued on attached SI Exhibit
A) Location sketch
B) Proposed Agreement for relocation of water line
C) Letter from Mr. Harry Singh dated 1/18/71
D) Letter from City Engineer to Mr. Singh dated 1/21/71
E) Letter from E. Brian Smith dated 1/25/71
S ta f f Recommenda ti ons
1. Adopt a motion a) authorizing the Mayor and City Clerk to
execute the Agreement attached as Exhibit B, and b) authoriz
the City Attorney to quit-claim the unused portion of the watl
line easement.
2. Adopt a motion directing the City Engineer to obtain an appra
of the City-owned property shown on Exhibit A and to further
discuss the sale of the property with Mr. Singh, based on the
appraised value.
9m m qm
Statement of the Matter (continued)
2. The City also owns a triangular piece of property in this
area as shown on Exhibit A. Mr. Singh has offered to purchasc
this property from the City for the sum of one (1) dollar. T'
offer was reviewed by the City appraiser who advised that the
offer is unrealistic. Mr. Singh was requested to revise his
offer. His Engineer has restated the offer and predicted thai
the City will accept it. The pertinent correspondence is at-
tached for your information as Xxhibits C, D and E.
In Exhibit E, Mr. Truax has strayed from the subject: The sa:
of a piece of property. This has nothing whatsoever to do wii
the water line relocation which is a separate and distinct
subject and which is being considered solely for the convenier
of Mr. Singh. The two subjects should not be confused.
Mr. Singh has estimated the value of raw land in the vicinity
the parcel in question at considerably above $1.00 or even $1.
per acre for that matter. The property in question is worth
considerably more than $1.00.
In view of the wide divergence in opinion as to the value of t
property, it is suggested that the City obtain an appraisal oi
the property in question by a qualified MA1 appraiser and disc
the sale with Mr. Singh on this rational basis.
mu ow
4 Date: February 3, 1971 AB No.
*,
City Manager's Recommendation
Concur with recommendations of the City Engineer.
Council Action
2-2-71 The City Engineer was instructed to negotiate further with Mr. Singh or his representative prior to retaining an appra
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AG RE E?lE NT
PARTILS: The parties to this agreenent are the City of
a bfunicipal Corporation of the State of California, hereinaf
referred to as CITY; acd Harry Singh, hereinafter referred t
3.
Oh'NE R a
RECITALS: This agreement is Rade with reference to the
following facts:
I 1. I 1 I 1
OIVNER wishes to construct certain improvements on real
erty located within the City of Carlsbad, and particula
described on plans and specifications therefore located
the office of the City Engineer of the City of Carlsbad
described as Project So. 70-17,i)rawing No. 161-8, reali
of 18-inch water main through a portion of Lot 2, Secti
Township 11 South, Range 4 Hest, San Bernadino Base and
ble r i di an.
Said construction involves the relocation of one of CIT
water mains for the convenience of OiJNER,
CITY is willing to zllow CWER to realigr. said i;ater ~2
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I f 2.
i 3' the herein stated terns and conditions. I
1 as iollows: '
// 1. '
COVESANTS: ?;ow, therefore, it is hereby agreed between
CITY hereby grants Oii'!(Ei? permission to do the construct
32
I i herein granted permission effective. I I
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faithful performance of said construction in order to m
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Exhibit B
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Dated:
City of Carlsbad, a municipal corporation of the State of C:
BY! IJ hi. IXlSX-ayor
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HARRY SINGH I
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January 18, 1971
City of Carlsbad
1200 Elm Avenue
Carlsbad, California 92 008
Gentlemen:
This is to request the City of Carlsbad sell the City owned Triangular
parcel of land and relinquish a portion of the existing water line ease
ment located on a portion of Lot 2, Section 36, T IS, R4W, S. E. E.
& M., to me for the sum of one dollar ($1. 00).
The reason for this request is due to the proposed relocation of the
City water main across the property which I will be constructing.
A new easement for the water line is being provided.
I am the owner of all land surrounding the City owned Triangular
parcel and existing easement.
If you have any questions concerning this matter, please contact
my Engineer, E. Erian Smith Engineers.
Sincerely,
Harry Singh /*
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Exhibit D
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E. BRIAN SMITH, ENGINEERS
CONSULT I NG CIVIL ENG I N EERS
--~e-setm+-t+~ L_ 7 --ANSQE. CALIFORNIA +++?-E-
92008 P'aoFe 2656 State Street Carl s bad 4 i,g
January 25, 1971 Gs$-+!! YJ y-
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pE"D CbV trr\el
City Manager
City of Garlsbad
2960 Pi0 Pic0 Drive d oepal ClIY <,\YGA E&\oee Carlsbad, California 92008
Re:2-3198 Singh Offer for City Property
Northerly of Vista Way
Dear Mr. Arnold:
We are in receipt of a letter dated January 21,
Cook, City Engineer, concerning the Subject Offer.
There seems to be a serious misunderstanding as to the value of the
subject property.
this problem.
1971 from Hunter T.
The following comments may be of help in resolving
1. The subject property is not useable at present except for
water easement purposes, as there is less than 1900 square
feet of land not encumbered by the water easement.
2, Mr. Singh is expecting to spend some 20, 000 dollars relocating
this line which will provide the city with a new pipe line through
this general area.
existing line, this improvement has to be beneficial to the city.
The easement M.r. Singh is providing will cover some 9, 600
square feet of his property.
provide direct access to the line,
have.
3. The City of Oceanside zoning of the subject property is R-1-7500
which makes it unusable by itself, after the water line is moved.
The property is neither of sufficient size nor does it have legal
access for use of the property other than its present use.
Mr. Singh obtained from the Division of Highways is out of line
because :
Considering the age and condition of the
All of this new easement will
which the city does not now
4. The idea of basing the value of this property, upon the price
A. The state was acquiring the access
rights to Vista Way in their price
to Mr. Singh.
B. The City proposing to use the Division of
Highways price to Mr. Singh as a basis
is probably a violation of State Law.
Exhibil
6 z 'os ow City of Car
Page Two
C. The propgrty'has no access to Vista Way
or any other street.
5. As hlr. Sing21 owns all surrounding property, the only possible
uger is Mr. Sin&.
In summary Mr. Singh is proposing to relocate and renew the water
main at a cost in excess of $20, 000.00 and encumber 6ome 9, 600
square feet of his property by easement to the City of Carlsbad in
exchange for the city selling this 5, 040 square foot piece of property,
which is encumbered by 3, 160 square feet of easement, to him for
$1. 00, The value the city is thereby receiving is far in excess of
any questionable real value this projnerty may have.
We believe that in light of the above the city will look favorably on
Mr. Singh's proposal.
We further request this offer and this explanation of the offer be
brought before the City Council at the coming meeting SO that
Mr. Singh's proposal can receive prompt consideration.
Since rely,
E. BRLAN SMITH ENGINEERS
/- ',/'i,)/&,, <7 ,./
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q%, 42% /' /A / Harry L. Fruax
HLT:eb
cc: Harry Singh
David Dunne
Hunter T. Cook./,,
E. BRIAN SMITH,